Member You - Legal

Flogs: The Newest Epidemic to Hit the People Search Industry
Blogs are a great way to stay abreast of many issues by hearing from people from all over the world. As more and more people turn to blogs to get their news, seedy companies are turning these vessels of free speech into forums for free advertising. With the people search industry taking off due to numerous factors including better search technology and more economical services, companies with loose morals are publishing more fake people search blogs than ever before.Due to their design sophistication and what appears to be legitimate news content, it is often difficult to tell if you are viewing a “real” people search blog or a fake blog or “flog”, masquerading as a legitimate news source. Therefore, People Search New

his mark in the United States in conjunction with its goods and services. Company B legally owns the trademark upon which your online store, products, and advertisement are infringing.

Ten Top Tips for Creating Good Business Requirements
Creating good business requirements will go a long way towards ensuring the success of the project and eliminate design and development risks that result from poor business requirements documentation. Here are the Top 10 Tips for Writing Good Business Requirements:1. Develop a clear understanding of the problems that the proposed software is being designed to solve. This will ensure that the subsequent business requirements document addresses those problems fully.2. Identify all project stakeholders and involve them in the business requirements gathering process from the start. Work to build trust and establish credibility early on so you can maintain stakeholder support throughout the project. Learn the indivi

1. What is a Trademark? A trademark can be any word, slogan, design, symbol, or even a color, smell, product configuration or a combination of these, used to identify the source of origin of particular goods and services. The trademark serves as a source identifier of your goods and services, to distinguish it from the goods and services of others. For example, Nike has a registered trademark with the United States Patent and Trademark Office (“USPTO”). Their mark is used to distinguish their goods and services over other shoe companies. Nike actually owns several trademarks, including design marks as well, such as their swoosh symbol.

Here is another example, remember when Paris Hilton was saying “that’s hot” everywhere? She applied for a trademark application with the USPTO. If it ultimately gets issued, it doesn’t mean that no one else can ever say that phrase. Ms. Hilton’s trademark attorney has filed the slogan only in connection with particular specified goods and services. Therefore, if the mark does ultimately issue, she will have federal rights to prevent others from using the mark in connection with the same or similar goods and services she registered the mark with.

2. Why You Need to Conduct a Trademark Search and File an Application You are ready to launch a new product, or you are about to start a new business and you have a great name you’ve been wanting to use for years. But can you? Here is a typical scenario: Company A opens its doors (a physical store and online) choosing a name without conducting a trademark search. Company A starts promoting its name by investing in advertisements (print and online such as Google adwords). Months go by and Company A is doing quite well financially, has invested a lot money in advertising and marketing, and its page ranking in Google and went up considerable for its desired terms (after spending a ton of money to search engine optimization marketing firms). Then one day, Company A receives a cease and desist letter from Company B’s attorney similar to this:

"Company B is the owner of United States Federal Trademark Registration No. XX and other trademark registrations pertaining to this mark. Company B uses this mark in the United States in conjunction with its goods and services. Company B legally owns the trademark upon which your online store, products, and advertisement are infringing.

1.7 Million Americans Forfeit $2 Billion to Uncle Sam on April 17th
Unclaimed money in the United States is at an all time high, $25 Billion, and unclaimed tax refunds make up a large portion of that number. Approximately $2 Billion in unclaimed tax refunds is owed to 1,714,500 Americans who did not file for their return in 2002.People owed refunds on their 2002 taxes had until April 17, 2006 to file for that tax year and claim their refund. If they do not file the $2 Billion will be forfeited to the government.Unfortunately, unclaimed tax returns are common. There are a few reasons people do not file. Either they don't owe taxes, they didn't have to file because they earned too little, or they didn't take their earned income tax credit. Earn income tax credits for 2002 ar

lly owns several trademarks, including design marks as well, such as their swoosh symbol.

Quiz: Are You A Shopaholic?
A lot of people enjoy shopping, but for some people the enjoyment of shopping goes beyond mere bargain hunting and can be part of an addiction. There are many names for this addiction.Excessive spending is known as compulsive spending, spending addiction or being a shopaholic. What it boils down to is recognising whether your spending habits are out of control. If you get urges to spend that you are unable to control then you may be a shopaholic or spending addict.Shopaholic Quiz:Read the following list and count the number of statements that apply: Being unable to pass up a "bargain" Making impulsive purchases on a regular basis Leaving price tags on clothes so they can

mark in connection with the same or similar goods and services she registered the mark with.

Just Go Out There and be Yourself - Yeah, Right!
I've come across this advice in quite a few places over the years, and while it sounds good, it's somewhat limited (and occasionally even just plain wrong). I know it's usually meant well - spoken by a friend just before a terrified speaker goes up on stage to make their business presentation in a last minute attempt to reassure them that all will be well: sadly the truth is that being a good presenter requires more than that. You need to "be yourself" and you need to "perform" at the same time. Tricky? Of course; if it wasn't tricky we'd all be doing it!Think of the techniques to help you 'perform' as being like walking. Once you're passed the toddler stage, you don't really think about the mechanics of walking, you

as Google adwords). Months go by and Company A is doing quite well financially, has invested a lot money in advertising and marketing, and its page ranking in Google and went up considerable for its desired terms (after spending a ton of money to search engine optimization marketing firms). Then one day, Company A receives a cease and desist letter from Company B’s attorney similar to this:

Employment – Loss of Statutory Rights – Compensation
The recent case of Corbett v Superdrug Stores Plc [2006], addressed how to calculate the award for an employment dispute. The employee had been working for the employer for more than 10 years when she was unfairly dismissed. She brought her case before the Employment Tribunal and was awarded the sum of ?1,420 for loss of her statutory rights. However, the Tribunal neglected to give an explanation as to why that figure was reached.The main problem was that it was not made clear how that figure was reached. There were three potential reasons why the Tribunal awarded her that amount:* It was compensation for the loss of protection against unfair dismissal which it would have taken the employee until 17 May 2006

his mark in the United States in conjunction with its goods and services. Company B legally owns the trademark upon which your online store, products, and advertisement are infringing.

Company B believes that you are intentionally trading on the goodwill of Company B by using a trademark that is confusingly similar to Company B’s Trademark and that your use of the Trademark does, or is intended to confuse or mislead customers seeking Company B’s products or services. This activity is actionable under federal law and causes you to be liable to Company B in every state in which you have made sales or done business. Your activities are unlawful and constitute unfair competition, intentional trademark infringement and dilution, false designation of origin and/or cybersquatting.

Federal Law provides numerous legal remedies for trademark infringement and dilution, including, but not limited to, preliminary and permanent injunctive relief, monetary damages, claim to a defendant’s profits…"

So now what? You are thinking it can only be a bad dream, I can’t stop using the name I’ve been using all this time. Think again. Although you may be able to fight or settle in order to prevent your name from being taken away, it typically takes time and a lot of money. This is the sad scenario many business owners face when the neglect to take into account intellectual property rights of others.

Rather than being a victim to bad business practices, the proper way to proceed is to obtain a trademark search on each and every name you intend to use in connection with the goods and services your business is promoting. A competent trademark attorney can conduct the search and analyze the results to advise you whether or not you should use the name. If name appears to be clear, then it is advisable to proceed with your own application for a trademark in order to serve as a defense and to be used offensively against would be trademark infringers.

Upon issuance of your federally registered trademark, you have the following significant benefits:
• Nationwide constructive notice of trademark ownership
• Evidence of and a presumption of ownership
• Federal court jurisdiction (should you have to sue to prevent infringement)
• Federal registration can be used to obtain foreign registration
• The registration may also be filed with U.S. Customs Service to prevent importation of foreign goods that infringe on the trademark

3. Trademark Issues on the Internet What about domain name disputes; use of trademarks in Google adwords advertising or banner advertisements; cybersquatting; how about protect, parody, or criticism websites like www.starbucked.com; trademark issues with pop up ads; etc. These are all

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To webmasters all around the globe it has become a great battle to see who can get the top positions on the search engines for specific keywords. These top positions are valued so highly for an obvious reason – traffic. With so much competition for every single subject on the internet it is vital that your internet business ranks high on the search engines in your specific field and that you can get those crucial visitors that will make you successful.

Need to make some money to pay off debts? Have you thought of looking through your junk room, loft, garage or cupboard under the stairs for old unwanted possessions and selling them to someone else? You would be surprised what some people will buy and it is really easy to do. Have a look around your home for the hidden cash that you may not have realised is there.

Over the past seven years, Mitchell Drilling has pioneered the Dymaxion drilling technology in Australia. Reports indicate they can extract coalbed methane (CBM) gas for as low as $1.10/mcf. Having drilled more than 250 wells across Australia, Mitchell Drilling has begun exporting the company's Dymaxion technology worldwide.

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